Legislative Assembly of

The 29th Legislature Third Session

Standing Committee on Legislative Offices

Tuesday, March 7, 2017 6:33 p.m.

Transcript No. 29-3-1

Legislative Assembly of Alberta The 29th Legislature Third Session

Standing Committee on Legislative Offices Shepherd, David, Edmonton-Centre (ND), Chair Malkinson, Brian, -Currie (ND), Deputy Chair Dach, Lorne, Edmonton-McClung (ND)* Drever, Deborah, Calgary-Bow (ND) Ellis, Mike, Calgary-West (PC) Horne, Trevor A.R., Spruce Grove-St. Albert (ND) Kleinsteuber, Jamie, Calgary-Northern Hills (ND) Littlewood, Jessica, Fort Saskatchewan-Vegreville (ND) Nixon, Jason, Rimbey-Rocky Mountain House-Sundre (W) Pitt, Angela D., Airdrie (W) van Dijken, Glenn, Barrhead-Morinville-Westlock (W) Woollard, Denise, Edmonton-Mill Creek (ND)

* substitution for Deborah Drever

Legislative Officers Jill Clayton Information and Privacy Commissioner Del Graff Child and Youth Advocate Peter Hourihan Ombudsman, Public Interest Commissioner Glen Resler Chief Electoral Officer Merwan Saher Auditor General Marguerite Trussler, QC Ethics Commissioner

Support Staff Robert H. Reynolds, QC Clerk Shannon Dean Law Clerk and Director of House Services Trafton Koenig Parliamentary Counsel Stephanie LeBlanc Parliamentary Counsel Philip Massolin Manager of Research and Committee Services Sarah Amato Research Officer Nancy Robert Research Officer Corinne Dacyshyn Committee Clerk Jody Rempel Committee Clerk Aaron Roth Committee Clerk Karen Sawchuk Committee Clerk Rhonda Sorensen Manager of Corporate Communications and Broadcast Services Jeanette Dotimas Communications Consultant Tracey Sales Communications Consultant Cheryl Scarlett Director of Human Resources, Information Technology and Broadcast Services Janet Schwegel Managing Editor of Alberta Hansard

Transcript produced by Alberta Hansard March 7, 2017 Legislative Offices LO-275

6:33 p.m. Tuesday, March 7, 2017 Woollard. Thank you. All those in favour? Any against? That Title: Tuesday, March 7, 2017 lo motion is carried. [Mr. Shepherd in the chair] Excellent. Looking ahead at our next two items of business, we have the RFQ to find a firm to audit the office of the Auditor The Chair: All right. Well, I guess I’ll call the meeting to order. General and then some discussion regarding the officers of the I’d like to welcome members, staff, guests to this meeting of the Legislature. I’d suggest that the committee consider moving in Standing Committee on Legislative Offices. My name is David camera for our discussions as we may be discussing details of the Shepherd, MLA for Edmonton-Centre, chair of the committee. quotations received through the RFQ process as well as the I’d ask that the members and those joining the committee at the contracts of the officers of the Legislature. Mr. Nixon moves that table introduce themselves for the record, starting to my right. we move in camera. All those in favour? Any opposed? The committee will move in camera. Mr. Malkinson: Thank you very much, Mr. Chair. I am Brian Malkinson, MLA for Calgary-Currie and deputy chair. [The committee met in camera from 6:36 p.m. to 7:19 p.m.]

Mr. van Dijken: Glenn van Dijken, MLA for Barrhead- The Chair: Okay. Excellent. All right. We have returned to the Morinville-Westlock. record, and I believe we have a few members who would like to propose motions. Mr. Nixon: Jason Nixon, MLA for Rimbey-Rocky Mountain First of all, with regard to the RFQ for an auditing firm to audit House-Sundre. the office of the Auditor General. Mrs. Littlewood.

Mrs. Pitt: Angela Pitt, MLA, Airdrie. Mrs. Littlewood: Yes. I would like to move that the Standing Committee on Legislative Offices direct the Mr. Ellis: Mike Ellis, MLA, Calgary-West. Legislative Assembly Office to negotiate an agreement with Collins Barrow Edmonton LLP to complete the annual audit of Mr. Kleinsteuber: Jamie Kleinsteuber, MLA, Calgary-Northern the office of the Auditor General pursuant to the request for Hills. quotation, Standing Committee on Legislative Offices, dated January 9, 2017, including a provision for a one-year engagement Ms Woollard: Denise Woollard, MLA, Edmonton-Mill Creek. with a four-year option to renew and an ongoing requirement to disclose any conflict of interest by the firm during the term of the Mr. Dach: Lorne Dach, MLA, Edmonton-McClung, substituting engagement. for MLA Drever, Calgary-Bow. The Chair: Thank you, Mrs. Littlewood. Mrs. Littlewood: Jessica Littlewood, MLA representing Fort We do have the motion on the floor, then. I’ll call the question. Saskatchewan-Vegreville. All those in favour of the motion, say aye. Any opposed? That motion is carried. Thank you. Mr. Horne: Trevor Horne, MLA for Spruce Grove-St. Albert. Moving on, then, we have a recommendation regarding an Acting Mr. Koenig: Good evening. I’m Trafton Koenig, a lawyer with the Ombudsman. Do we have a member that would – Ms Woollard. Parliamentary Counsel office. Ms Woollard: I would move that Dr. Massolin: Good evening. Philip Massolin, manager of research the Standing Committee on Legislative Offices recommend to the and committee services. Legislative Assembly that Mr. Joe Loran be appointed Acting Ombudsman for the period beginning April 16, 2017, until such Ms Scarlett: Good evening. Cheryl Scarlett, director of human time as a replacement for the Ombudsman and Public Interest resources, information technology, and broadcast services. Commissioner is appointed.

Ms Dean: Shannon Dean, Law Clerk and director of House The Chair: Thank you, Ms Woollard. services. I’ll call the question. All those in favour of the motion, say aye. Any opposed? That motion is carried. Ms Rempel: Good evening. Jody Rempel, committee clerk. All right. Do we have a motion, then, regarding the acting pay for the Ombudsman? Pardon me. Let’s just go ahead with the other The Chair: Excellent. Thank you. appointment. Let’s consider: do we have a motion regarding As noted for the record, Mr. Dach is an official substitute for appointing an Acting Public Interest Commissioner? Mr. MLA Drever. Kleinsteuber. A few particulars we just have to get out of the way before we turn to the business at hand, a few operational items. Microphone Mr. Kleinsteuber: Sure. I’ll move that consoles are operated by the Hansard staff. Please ensure mobile the Standing Committee on Legislative Offices recommend to the Legislative Assembly that Mr. Ted Miles be appointed Acting devices and other electronics are in silent mode. Audio of the Public Interest Commissioner for the period beginning April 16, committee proceedings is streamed live on the Internet and 2017, until such time as a replacement for the Ombudsman and recorded by Alberta Hansard. Audio access and meeting transcripts Public Interest Commissioner is appointed. are obtained via the Legislative Assembly website. First of all, we need a member to move a motion to approve the The Chair: Thank you, Mr. Kleinsteuber. agenda. Mr. Nixon. Thank you. All those in favour of the agenda as I’ll call the question. All those in favour of the motion, say aye. written, say aye. Any opposed? That motion is carried. Any opposed? That motion is carried. We then have the set of draft minutes from the February 7, 2017, We then have our motions in regard to acting pay for these meeting that were distributed for consideration. Are there any errors individuals. Does someone wish to move a motion regarding the or omissions? If not, is there a motion to approve the minutes? Ms Acting Ombudsman? Don’t all jump at once. LO-276 Legislative Offices March 7, 2017

So the recommendation, again, Ms Scarlett, is for 70 per cent? think it’s also important that we make it clear to the advocate that Okay. this is not a reflection on anything the advocate has done. I think Go ahead, Mrs. Pitt. most of us think the advocate is doing a great job. This motion: why I support it is that it’ll provide some clarity on Mrs. Pitt: Okay. I move that when this process will move forward but allow us to deal with the the Standing Committee on Legislative Offices approve the outstanding items that are before several different bodies going payment of a salary equal to 70 per cent of the development forward. maximum for the senior official D range, April 1, 2014, to Mr. Joe Loran, Acting Ombudsman, for the period beginning April The Chair: Thank you, Mr. Nixon. 16, 2017, until such time as a replacement for the Ombudsman Mrs. Littlewood. and Public Interest Commissioner is appointed. Mrs. Littlewood: Thank you, Chair. I just want to concur with The Chair: Thank you, Mrs. Pitt. what Mr. Nixon is saying and say that we take our roles here very I’ll put the question. All those in favour of the motion, say aye. seriously, and given the amount of work that is directly involved Any opposed? That motion is carried. with that office, it would be best to readdress this in the fall. Do we have someone that would wish to move a similar motion for the Acting Public Interest Commissioner? The Chair: Thank you, Mrs. Littlewood. Any other discussion on the motion? Mrs. Pitt: Is that 70 per cent as well? Seeing none, I’ll call the question. All those in favour of the The Chair: Sixty. motion say aye. Any opposed? That motion is carried. Does anyone wish to move that motion? Mrs. Pitt. Excellent. That brings us, then, to other business. Is there any other business that committee members wish to raise? Mrs. Pitt: All right. I move that the Standing Committee on Legislative Offices approve the Mr. Nixon: I don’t know if this is the right spot, Mr. Chair, but the payment of a salary equal to 60 per cent of the development process to review the act, I guess: is that what we would be doing maximum for the senior official D range, April 1, 2014, to Mr. at the next meeting? Where are we at on that? Ted Miles, Acting Public Interest Commissioner, for the period beginning April 16, 2017, until such time as a replacement for the The Chair: Thank you for the question, Mr. Nixon. Absolutely. Ombudsman and Public Interest Commissioner is appointed. That would be the next item of business, then, that would be before the committee. I understand there’s been some discussion, and at The Chair: Excellent. Thank you, Mrs. Pitt. this point my understanding is that all members are prepared to go I’ll call the question. All those in favour of the motion, say aye. ahead with discussion on those recommendations. Would that be Any opposed? That motion is carried. correct? Finally, then, I believe we had some discussion regarding the Child and Youth Advocate. Do we have anyone that wishes to make Mr. Nixon: Certainly. Maybe we’ll talk about them at the next a motion in that regard? Mrs. Littlewood. meeting. The one caution I would have is that I think we should start the process, but again to the panel: the panel will report Mrs. Littlewood: Thank you, Chair. I just want to begin by specifically on the death portion within the next four weeks or so. thanking the Child and Youth Advocate and the office for all the My understanding is that there are going to be significant work that they do in support of children and youth in Alberta. I recommendations associated – in fact, the work the panel will do know that there has been a delay since discussion about this during the second stage will have not nearly as much to do with the initially. However, I do appreciate all the work that they do and take legislation that we’re being called upon to look at whereas the very seriously the appointments that we make in this committee. recommendations that we’ll see in April will have specifically a lot 7:25 to do with the Child and Youth Advocate, I suspect. It may be Given the work that this committee currently has ahead of us in something that we do want to start but we don’t want to complete terms of the search committee for the Ombudsman and Public until we get the report in four weeks. Interest Commissioner as well as reviewing the Child and Youth I’ll just leave that out there for a thought. Maybe we can talk Advocate Act and also the ongoing panel that the Legislature has about that at the next meeting. We’re ready to proceed, for sure. before it, I believe that I would like to make a motion that the Standing Committee on Legislative Offices address the The Chair: I appreciate that additional context. Thank you. It’s request for reappointment of the Child and Youth Advocate in helpful in considering how we move forward. Is your the fall of 2017. recommendation, then, Mr. Nixon, that we wait to proceed until you’ve completed the section on the death review, or is it something The Chair: All right. Thank you, Mrs. Littlewood. where you think we could hold a meeting or a couple of meetings just We have a motion to defer further decision regarding the as long as we keep the door open to consider those portions after? reappointment of the Child and Youth Advocate until the fall of 2017. Mr. Nixon: I think we should start the work. I’m open to what everybody else thinks, of course. I think we should start the work. Mr. Nixon: I speak in support of this motion. I think we have kind I threw it out there because I think we should consciously try not to of an interesting time, unfortunately, that is all colliding at once. complete it, knowing that we’re going to get a report like that within We have, of course, the legislation that’s required to be reviewed the next four or so weeks that has such a direct impact on the Child by the end of June, and we have the unique situation with the panel and Youth Advocate and the legislation associated with it, and then doing its work, and we’re expecting significant recommendations see what those recommendations are because we may be able to from the panel sometime in the next six months. To be able to do help speed up some of those recommendations for the panel. It may an appointment right now, I think, would conflict with that, but I be a way, because not all of it’s going to be – I think we should just March 7, 2017 Legislative Offices LO-277 commit that we don’t finish it until we see the first report, which next time, then, to consider planning the next meeting might be will be done at the end of the end of this month or early April. once estimates are concluded? Would that be generally agreed on by members? Excellent. I do get the sense that we’ve got a little bit The Chair: Understood. Thank you, Mr. Nixon. of time to work with. We do have that hard deadline in June, but Mrs. Littlewood. I’m not feeling at this point that we’re stifled for time. I think it’d be good to give us all a little bit of breathing room through that Mrs. Littlewood: Thank you, Chair. I was just wondering, in line budget process, and then we’ll look for the opportunity to poll some with the questions of timing: I believe that we were given a year to dates where members can come back together. review this act and have it done. What date does that come up? Excellent. I guess that also covers, then, the last agenda item, date Ms Rempel: Mr. Chair, we started on June 22, 2016. of the next meeting. Do we have a member, then, that would wish to move to adjourn? Mrs. Littlewood: Thank you. Mr. Malkinson. All those in favour of adjournment say aye. None opposed, I’m assuming. Excellent. The Chair: Excellent. Well, of course, we do know the budget is Thank you. Have a good evening. going to come forward on the 16th, and then we will be going forward into the estimates process. Would it be fair to say that the [The committee adjourned at 7:31 p.m.]

LO-278 Legislative Offices March 7, 2017

Published under the Authority of the Speaker of the Legislative Assembly of Alberta